UPDATED December 1, 2020
The developments surrounding COVID-19 are rapidly changing. Below is a quick reference guide and links to resources for New York lawyers trying to navigate the current legal landscape in light of the temporary changes to the law and the court system.
Executive Action
- Executive Order 202.74
- Lifting the toll on civil statutes of limitations
- Executive Order 202.67
- Extending tolling of statutes of limitations and other deadlines as well as remote notarization and witnessing of documents until November 3, 2020
- Executive Order 202.60
- Extending tolling of statutes of limitations and other deadlines as well as remote notarization and witnessing of documents until October 4, 2020
- Executive Order 202.55
- Extending tolling of statutes of limitations and other deadlines as well as remote notarization and witnessing of documents until September 4, 2020
- Executive Order 202.48
- Extending tolling of statutes of limitations and other deadlines as well as remote notarization and witnessing of documents until August 5, 2020
- Executive Order 202.39
- Extending tolling of statutes of limitations and other deadlines until July 7, 2020
- Executive Order 202.38
- Extending suspension and modifications of laws, including remote witnessing and virtual notarization until July 7,2020
- Executive Order 202.29
- Extending time for actions to be filed under CPLR 214-g (the Child Victims Act)
- Executive Order 202.28
- Further tolling statutes of limitations, service and other statutory deadlines until June 7, 2020.
- Extending time period to permit remote witnessing and notarization of documents.
- Executive Order 202.18
- Extending the time for all non-essential businesses to maintain 100% remote operations until May 15, 2020
- Executive Order 202.17
- Requiring use of face coverings where unable to maintain social distancing
- Executive Order 202.16
- Requiring employers to provide face coverings to any employees required to report to work in-person
- Executive Order 202.14:
- Extending the time for all non-essential businesses to maintain 100% remote operations until April 29, 2020
- Further tolling statutes of limitations, service and other statutory deadlines until May 7, 2020
- Permitting witnessing and notarization of written instruments to occur remotely
- Extending all other suspensions and modifications of law addressed in earlier executive orders
- Executive Order
202.8:
- Requiring all non-essential businesses to reduce in-person workforce by 100%;
- Tolling statutes of limitations, service and filing deadlines until April 18, 2020
- Suspending in-person shareholder meeting requirement in Business Corporation Law
- Executive Order 202.7
- Permitting virtual notarization (provided certain conditions are met)
- New York Empire State Development Guidance on "Essential" Businesses
*NOTE: Empire State Development subsequently issued the following guidance concerning whether law firms constitute essential businesses:
Lawyers may continue to perform all work necessary for any service so long as it is performed remotely. Any in-person work presence shall be limited to work only in support of essential businesses or services; however, even work in support of an essential business or service should be conducted as remotely as possible.
NYS Appellate Courts
- New York Court of Appeals
- Appellate Division, First Department
- Appellate Division, Second Department
- Appellate Division, Third Department
- Appellate Division, Fourth Department
NYS Trial Courts
- Memo Halting Future In-Person Jury Trials (Nov. 13, 2020)
- New Uniform Scheduling Order for Cases in Supreme Court Against NYC
- Report from Commission to Reimagine The Future of New York's Courts Re: Restarting In-Person Grand Juries, Jury Trials and Related Proceedings
- Updated Guidance Re: Residential and Commercial Foreclosure Proceedings
- Report of First COVID-19 Jury Trial in NYC
- Memo Re: Screening Procedures for Courthouse Visitors
- Announcement Re: More Upstate Districts Move to Phase 4
- Announcement Re: Upstate Districts Move to Phase 4; Resumption of Grand Juries in Certain Counties
- Announcement Re: All Courts Outside NYC Move to Phase 3 of Gradual Return to In-Person Operations
- Announcement Re: NYC Courts Move to Phase 2 of Gradual Return to In-Person Operations
- Announcement Re: Move to Phase 3 of Gradual Return to In-Person Operations for Certain upstate Counties
- Announcement Re: Move to Phase 2 of Gradual Return to In-Person Operations for All Courts Outside of NYC
- Announcement Re: Gradual Return to In-Person Operations in NYC Courts
- Announcement Re: Resuming Filing of New Cases Effective May 25, 2020
- Announcement Re: Resuming In-Person Operations in Additional Upstate Counties
- Instructions for COVID-Related Cases in Surrogate's Court
- Guidelines for Family Court Practitioners in Virtual Courtrooms
- Announcement Re: Surrogate's Court Preparations for COVID-related cases
- Announcement Re: County Clerks Resuming Certain Processing Functions
- Announcement Re: Return to In-Person Operations in Certain Upstate Counties
- Announcement Re: Permitting Additional Filings in Ongoing Matters
- Announcement Re: Resuming Pending Non-Essential Matters
- Administrative Order Re: Resuming Pending Non-Essential Matters
- Memo Re: Resuming Non-Essential Matters Via Virtual Court Procedures
- Administrative Order 78/20: Suspending All Non-Essential Filings Until Further Notice
- Message from Chief Judge DiFiore Re: Virtual Court Operations and Planning (3/30/20)
- March 26, 2020 Notice Re Emergency Family Court Cases
- March 22, 2020 Notice Re: Virtual Court Operations in New York City Courts
- March 15, 2020 Memo Re: Updated Operational Protocols for New York State trial courts.
- Notice Re: Virtual Court Procedures in Nassau County Courts.
- Notice Re: Virtual Court Procedures in Suffolk County Courts
- Notice Re: Virtual Court Procedures in Sixth Judicial District (Central NY)
- Notice Re: Virtual Court Procedures in the Third, Fourth, Eighth and Ninth Judicial Districts
Federal Courts
- SDNY Order Suspending In-Person Operations Between December 1, 2020 and January 15, 2021
- Second Circuit Court of Appeals: Adjourning certain filing deadlines; Telephonic oral argument
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Western District of New York
*Note: For a full list of court closings and restrictions around the country click here (Law360, behind paywall).
Bar Association Resources
- Governor Cuomo Announces Pro Bono Network Run By State Court System and New York State Bar Association to Help Individuals Impacted by COVID-19
- New York State Bar Association COVID-19 Information Center
- New York County Lawyers Association COVID-19 Resource Center
- ABA COVID-19 Mental Health Resources
Federal Aid
- Additional Funding and Additional Guidance Re: PPP Loan Program
- U.S. Small Business Administration (SBA) COVID-19 Guidance and Resources
- New Coronavirus Stimulus Package (CARE Act): Law Firms May Be Eligible
- FFCRA Implementation Date April 1, 2020: New Requirements for Employers
New York Bar Exam And Admissions Information
- Announcement Re: Transfer of Remote Bar Exam Scores from Other Jurisdictions
- Announcement Re: New York Bar Exam to Move Online
- Announcement Re: Program Rules for Limited Practice by Law Graduates Awaiting Admission
- Announcement Re: Cancellation of September Bar Exam
- Amended Court Rules to Permit Limited Practice by Law Graduates Awaiting Admission
- Announcement Re: Third Application Period for September Bar Exam - Open to Certain LL.M. Students
- Announcement Re: Second Application Period for September Bar Exam - Open to Applicants From All ABA-Approved Schools
- Announcement Re: Temporary Authorization for Limited Practice Pending Admission
- Court of Appeals Order Re: Temporary Waiver of Certain Admissions Requirements
- Statement From Appellate Divisions Re: Resuming Attorney Admissions
- July 2020 New York Bar Exam Rescheduled for September 9-10
- New York State Postpones July 2020 Bar Exam and announces intention to reschedule for September 2020 (see our posts here and here)
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
